37 TAC §§4.11, 4.12, 4.18
The Texas Department of Public Safety proposes amendments
to Chapter 4, Subchapter B, §§4.11, 4.12 and 4.18, concerning Regulations
Governing Transportation Safety.
The amendment to §4.11 adds "as amended through May 1, 2004" to subsection
(a). The amendment is necessary to ensure that the Federal Motor Carrier Safety
Regulations, incorporated by reference in the section, reflects all amendments
made through that particular date.
The amendment to §4.12 is necessary in order to further clarify department
policy concerning the 34 hour restart provision and the requirements for 150
air-mile radius drivers.
The amendment to §4.18 is necessary in order to correct the mailing
address of the Motor Carrier Bureau.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the amendments are in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also determined that for each year of the first five-year period
the amendments are in effect the public benefit anticipated as a result of
enforcing the amended rules will be to ensure to the public greater compliance
by motor carriers with all of the statutes and regulations pertaining to the
safe operation of commercial vehicles in this state. There is no adverse economic
impact anticipated for individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mark Rogers, Major, Texas
Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0500, (512) 424-2116.
The amendments are proposed pursuant to Texas Transportation
Code, §644.051, which authorizes the director to adopt rules regulating
the safe transportation of hazardous materials and the safe operation of commercial
motor vehicles; and authorizes the director to adopt all or part of the federal
safety regulations by reference.
Texas Transportation Code, §644.051 is affected by this proposal.
§4.11.General Applicability and Definitions.
(a)
General. The director of the Texas Department of Public
Safety incorporates, by reference, the Federal Motor Carrier Safety Regulations,
Title 49, Code of Federal Regulations, Parts 40, 382, 385, 386, 387, 390-393,
and 395-397 including all interpretations thereto
, as amended through
May 1, 2004
. The rules adopted herein are to ensure that:
(1) - (4)
(No change.)
(b) - (c)
(No change.)
§4.12.Exemptions and Exceptions.
(a)
(No change.)
(b)
Exceptions. Exceptions adopted by the director of the Texas
Department of Public Safety not specified in Texas Transportation Code, §644.053,
are as follows:
(1)
(No change.)
(2)
Drivers of vehicles under this section operating in intrastate
transportation shall not be permitted to drive after having worked and/or
driven for 70 hours in any consecutive seven-day period. A driver may restart
a consecutive seven-day period after taking 34 or more
consecutive
hours
off-duty.
(3)
Drivers of vehicles operating in intrastate transportation
claiming the 150 air mile radius exemption in subsection (a)(4) of this section
must return to the work reporting location
;
[
and
] be
released from work within 12 consecutive hours
; and have at least 8 consecutive
hours off-duty separating each 12 hours on-duty
.
(4) - (8)
(No change.)
§4.18.Intrastate Operating Authority Out-of-Service Review.
(a)
A motor carrier may request a review of the out-of-service
order within 10 business days of the issuance of the out-of-service order.
A request for a review does not stay the out-of-service order. A request for
an out-of-service review must be made in writing and forwarded to the manager
of the Motor Carrier Bureau. If requested, a review will be scheduled and
conducted by the manager of the Motor Carrier Bureau or the director's designee
within 10 business days of the issuance of the out-of-service order. A request
for review should be addressed to the Texas Department of Public Safety, Motor
Carrier Bureau, P.O. Box 4087, Austin, Texas
78773-0521
[
78773-0571
] or may be sent by facsimile transmission to (512) 424-5712
or via electronic mail at MotorCarrierBureau@txdps.state.tx.us. The department
may conduct the review by telephone conference call. An out-of-service review
should be conducted within 3 business days of the date of receipt of the request
for a review.
(b)
A request for review under subsection (a) of this
section
[
subsection
] must contain the following: a concise
statement of the issues to be contested at the review.
(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 2, 2004.
TRD-200403659
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 18, 2004
For further information, please call: (512) 424-2135
Subchapter C. COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT
37 TAC §4.37
The Texas Department of Public Safety proposes an amendment
to Chapter 4, Subchapter C, §4.37, concerning Acceptance of Out-of-State
Commercial Vehicle Inspection Certificate. The amendment to the section is
necessary in order to correct the name of the federal agency listed in the
rule.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the amendment is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also determined that for each year of the first five-year period
the amendment is in effect the public benefit anticipated as a result of enforcing
the amended rule will be to ensure to the public greater compliance by motor
carriers with all of the statutes and regulations pertaining to the safe operation
of commercial vehicles in this state. There is no adverse economic impact
anticipated for individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Mark Rogers, Major, Texas
Highway Patrol Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0500, (512) 424-2116.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; and Texas Transportation Code, §548.002,
which authorizes the department to adopt rules to administer and enforce the
compulsory inspection of vehicles.
Texas Government Code, §411.004(3), and Texas Transportation Code, §548.002
are affected by this proposal.
§4.37.Acceptance of Out-of-State Commercial Vehicle Inspection Certificate.
(a)
Texas-registered commercial vehicles. Acceptance of commercial
vehicle inspection certificates issued outside of Texas. A valid commercial
vehicle inspection certificate issued in a jurisdiction having an inspection
program that has been certified by the Federal Motor Carrier
Safety
Administration
under the provisions of Title 49, Code of Federal Regulations, §396.23(b)(1)
as meeting the requirements of §396.17 is acceptable on a Texas-registered
commercial vehicle.
(b)
(No change.)
(c)
Jurisdictions certified under the provisions of Title 49,
Code of Federal Regulations, §396.23(b)(1). The following jurisdictions
have been certified by the Federal Motor Carrier
Safety
Administration
as meeting the requirements of Title 49, Code of Federal Regulations, §396.23(b)(1):
Alabama (LPG Board), Arkansas, California, Connecticut, District of Columbia,
Hawaii, Illinois, Louisiana, Maine, Maryland, Michigan, Minnesota, New Hampshire,
New Jersey, New York, Ohio (Bus Inspection Program), Oklahoma, Pennsylvania,
Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, or
any of the ten Canadian Provinces and the Yukon Territory.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 2, 2004.
TRD-200403660
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 18, 2004
For further information, please call: (512) 424-2135